RETALIATION

Lift roadblocks to harassment reporting or prepare for a retaliation lawsuit, too

06/17/2016
If you place obstacles in the way of reporting potential sexual harassment, expect trouble. Employees who have to jump through hoops to get their concerns addressed may sue.

Petty slights aren't grounds for a lawsuit

06/09/2016
Some workers are thin-skinned and seem to think that little annoyances can add up to a discrimination or retaliation lawsuit. Fortunately, that’s not true.

Action and reaction: EEOC floats guidance on retaliation enforcement

05/31/2016
Retaliation claims have risen dramatically in recent years, becoming the most frequently reported basis for discrimination claims.

Court losing patience with baseless lawsuits

05/02/2016
Increasingly, courts have been tossing out cases early on when it’s clear the former employee isn’t sure exactly what she thinks the employer did, but just assumes it was some sort of discrimination.

Halting internal probe pending EEOC action isn't retaliation

04/28/2016
Employees who simultaneously file an EEOC charge and an internal complaint usually can’t win a retaliation claim just because their internal complaint was put on hold pending the outcome of the EEOC claim.

Beware rewarding employees who testify on your behalf

04/14/2016
Rewarding employee who testified on your behalf can lead to retaliation suit

Short-circuit desperate employee's lawsuit by tracking every step of disciplinary process

04/14/2016
Tracking an employee's discipline process from beginning to end can can head of retaliation claim

OSHA sues demolition firm for whistleblower retaliation

04/08/2016
Regional Environmental Demolition in Niagara Falls faces a federal lawsuit alleging retaliation against a worker who reported a workplace hazard.

Little slights, actions add up to retaliation

04/08/2016
When an employee complains that a supervisor is behaving in a discriminatory way, employers must ensure there is no retaliation. Even small things can lead to a big problem.

Warn bosses: No retaliation against whistleblowers who report wrongdoing

03/28/2016
Remind supervisors that retaliating against workers who report alleged criminal or other illegal activity may violate the California Labor Code.

Whistleblower? Not without whistleblowing

03/28/2016
Energy workers are protected from retaliation for reporting safety problems if their workplace is covered by the federal Energy Reorganization Act.

Sometimes, employee gets 2 shots at lawsuit

03/11/2016
An employee who had a state interference-with-contract claim dismissed—the court said he had been legitimately fired for insubordination—can still file a federal whistleblower retaliation lawsuit based on the same facts.

EEOC issues fresh guidance on anti-retaliation compliance

03/09/2016
The EEOC has updated its enforcement guidance on retaliation for the first time since 1998.

Poor review isn't infliction of emotional distress

03/09/2016
Sometimes, unhappy employees quit and sue, making claims that may never stick but that still have to be defended. A favorite tactic is to sue supervisors, claiming they intentionally inflicted emotional distress.

Not all government employees' free speech is protected

02/29/2016
Public employees have limited First Amendment rights to speak out on matters of public importance. But when that speech is actually part of the employee’s job, it’s not considered “speaking out” in the Constitutional sense. It doesn’t come with job protection.
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